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The Big ‘Probate Mystery’ Unravelled

August 10, 2019 By Richard Farrell

Probate has cropped up in the UK news lately, what with the government changing the system and having computer problems implementing it. Brexit has been a huge distraction too. The polemic over probate fees is still not solved although the overall rules haven’t changed. So what is probate then, in headline terms?

UK Probate 101: The Basic Legal Process

The law clicks in the instant someone dies. It respects the rights of the deceased over the assets they left behind. The state does not want to see a free-for-all and therefore the following process clicks in, usually in the hand of the executor:

  • Confirm the deceased person’s will is genuine and valid
  • Identify and list the property and assets in the deceased’s estate
  • Appraise the value of those assets for tax purposes
  • Collect money from any debtors, and pay all creditors
  • Pay all outstanding taxes including death duties
  • Distribute the remaining assets according to the will

If there is no legal will, then the estate is shared according to the laws of succession.

The Duties of an Executor of a Deceased Estate

A probate court appoints an executor unless the will nominates one. This executor must obtain the agreement of the probate court regarding the validity of the will (if any), the property and other assets, the debts to settle and who inherits the remaining balance.

Following approval the executor may then officially inform the heirs of their entitlements, and the creditors regarding moneys due to them. During this period, the executor acts as custodian of the assets of the estate which are effectively frozen until distribution.

We Were Married: That Sounds a Bit Heavy to Me

It may well do so, especially if you are the sole beneficiary. Here are the specific circumstances where a grant of probate by a court may be unnecessary:

  • Where the deceased left a ‘small estate’ with few assets in their name, and a total value of a maximum £5,000. In this case the probate court will likely return the application, although it is prudent to make one.
  • Where the deceased person held their assets jointly with one other person as seems to be the case with this question. In this instance, their share of their assets automatically transfers to the survivor.
  • Where the only assets are either money in a bank account, or investments in premium bonds. In this instance their value does not require to be proven by an appraisal because it is an absolute value.

Could I Avoid These Complications by Planning Ahead?

This may make sense depending on your circumstances. Beneficiaries rarely benefit from the process and it involves their time and effort. Indeed, probate should be avoided if possible, unless the estate is complex and would benefit from legal oversight.

If you have a small, simple estate especially with a single heir they may appreciate it if you visit a lawyer whilst you still alive. A few simple adjustments could spare them complications, while they are getting over the anguish of losing you and being alone.

Related

Filed Under: Probate Valuation Tagged With: confirming a will, dying without a will, making a death file for dependants, probate valuation, probate valuation guide

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Imogen
Aug 3, 2022
 by Imogen on Avery Associates
Professiuonal House Clearance

Dear Jeffrey I want to extend a heartfelt thank to you and your team for the hero’s work that you all did yesterday at the house in Highbury. You... Read More

Anne Wenham
Jul 26, 2022
 by Anne Wenham on Avery Associates
Fantastic service

So pleased to have found Avery Associates when we had to clear a three floor town house. The probate valuations for house and contents were swiftly ... Read More

Margaret Campbell
Jun 24, 2022
 by Margaret Campbell on Avery Associates
Amazing Service and Support

Hello Pam / Jeffrey, As requested, sorry it is late …. I forgot☹️ I used Avery Associates for probate content valuation, clearance... Read More

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